Supreme Court refuses to hear Texas case. Other cases are still pending
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December 12, 2020 (LifeSiteNews) — Let’s start by stating what the Supreme Court’s decision not to hear the Texas case does not mean: It does not mean that the 2020 presidential election is over. Those who tried to steal the election have not won. President Trump still has a pathway to victory.
The U.S. Supreme Court set aside the Texas case not on its merits, but on the grounds that Texas did not have “standing” to sue other states for violating their own election laws. Texas Attorney General Ken Paxton had assembled a massive amount of evidence showing the “rampant lawlessness” of the elections that were held in Pennsylvania, Georgia, Wisconsin, and Michigan. The Supremes refused to review it.
Rudy Giuliani, President Trump’s personal attorney, said Friday on Newsmax TV’s “Stinchfield” that President Trump will continue to fight. Giuliani said, “The case wasn’t rejected on the merits, the case was rejected on standing. So the answer to that is to bring the case now to the district court by the president, by some of the electors, alleging some of the same facts where there would be standing and therefore get a hearing.”
“Basically, the courts are saying they want to stay out of this and they don’t want to give us a hearing; they don’t want the American people to hear these facts,” Giuliani continued. “I think that’s a terrible, terrible mistake. These facts will remain an open sore in our history unless they get resolved. They need to be heard, they need to be aired, and somebody needs to make a decision on whether they’re true or false. Some court’s going to have to have the courage to make that decision.”
To the disappointment of many, that court was not SCOTUS, which said in rejecting the suit: “The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot.”
Justices Alito and Thomas were the only two Supremes who voted to hear the case, while Trump appointees Gorsuch, Barrett and Kavanaugh simply said no with the other seven.
In response, President Trump said this morning, “The Supreme Court had ZERO interest in the merits of the greatest voter fraud ever perpetrated on the United States of America. All they were interested in is ‘standing’, which makes it very difficult for the President to present a case on the merits. 75,000,000 votes!”
I think everyone can understand the President’s frustration here. Trump attorney Jenna Ellis pointed out that SCOTUS is not supposed to decline to hear a case of original jurisdiction — when one state sues another — and that claiming that states don’t have standing to do just that is “a ridiculous political posture.”
And what on earth does SCOTUS mean by not “judicially cognizable”? Is it not “self-evident” — to borrow a term from the Declaration of Independence — that everyone, not just in Texas but in the entire United States of America, is harmed by allowing a fraudulent election to stand? Any American citizen should be able to file suit in federal court against those states that allowed ballot-stuffing and electronic voter fraud to disenfranchise the rest of us. After all, we all have to live with the results.
As far as where the legal team will go from here, Giuliani said, “The president’s reaction is to look at other options. I mean, … originally, we thought about this as possibly four or five separate cases. So that is the option we are going to have to go to. There’s nothing that prevents us from filing these cases immediately in the district court in which the president, of course, would have standing, some of the electors would have standing in that their constitutional rights have been violated. … We’re not finished. Believe me.”
In addition to cases that will be filed by the Trump legal team, there are a number of other cases already filed on behalf of people from within those key swing states whose “standing” is not in question. They are claiming that their rights were violated by the failure of state officials to carry out a free and fair election according to the laws set out by that state’s own legislature.
One such set of lawsuits has been filed by the great Sidney Powell, who last night tweeted out: “Pay attention! We made emergency filings in the Supreme Court tonight for Georgia and Michigan. Will be filing Arizona and Wisconsin shortly. These cases raise constitutional issues and prove massive fraud. Our plaintiffs have standing. We the People will not allow rigged elections.”
Lin Wood and others also have lawsuits pending in state and federal courts. Today, for example, the Wisconsin Supreme Court has agreed to hear a case on whether laws enacted by the state legislature were followed.
Each and every one of these cases and hearings is an opportunity to bring to light more cases of voter fraud, many of which will be added to the ongoing lawsuits, and help to show that the election was stolen.
One point that the Texas lawsuit brought to light, for example, was the hyper-improbability of the “midnight express” ballots that flooded into Philadelphia, Atlanta, Detroit, and Milwaukee counting centers the night after the election. A statistical analysis included in the suit calculated that there was only a 1 in a quadrillion chance — that means, in layman’s terms, not a snowball’s chance in hell — that this happened without massive fraud.
The other thing the Texas lawsuit did was force politicians at all levels of government, and the states themselves, to declare themselves. Much like the line in the sand that Colonel Travis drew in the courtyard of the Alamo, it divided those who were willing to fight for the survival of our constitutional republic from those who wanted to flee.
Now we know who really represents the 75 million plus citizens of the United States who voted for President Trump. They are the 126 members of Congress who signed a letter in support of Texas, along with the 17 states which did the same.
The battle lines have been formed.
As for Trump himself, he says he says that he will carry on. “The Supreme Court let us down! No Wisdom, No Courage! So, you’re the President of the United States, and you just went through an election where you got more votes than any sitting President in history, by far — and you purportedly lost … A Rigged Election, fight on!”
And then there’s this, from this morning: “WE HAVE JUST BEGUN TO FIGHT!”
His words echo those of Revolutionary War hero John Paul Jones who, when asked to surrender, replied: “I have not yet begun to fight!”
It’s not over until it’s over.
Steven W. Mosher is the President of the Population Research Institute and the author of Bully of Asia: Why China’s Dream is the New Threat to World Order.